How did the newly-established PRC view and tackle the old problem of piracy from a socialist perspective? Focusing on a high-profile piracy case happened in Shanghai during the early 1950s, this paper shows that the state and party authorities, as well as the new leaders in Shanghai's publishing industry, started to see literary piracy not merely as a violation of copyright holder's private interests, but a crime committed by market-oriented publishers of being too self-interested. As PRC hadn't issued its copyright law, Shanghai Booksellers' Guild, the quasi legal institution which had been regulating copyright in Shanghai since 1905, still played a key role in handling piracy disputes in the city; in this case, the Guild, now under the control of pro-communist editors, attempted to promote a new kind of morality in Shanghai's publishing industry. They believed that piracy occurs because profit-driven publishers and editors misunderstood making money as the goal of publishing industry, thus the only way to stop piracy would be to correct this kind of market-oriented mentality and the book trade structure it was embedded in. They used this piracy case as a fuse to ignite a larger campaign to restructure and nationalize Shanghai publishing industry. |
1949年建立的中華人民共和國,是如何從社會主義的角度,來處理盜版這個老問題呢? 這篇短文以1950年代初期在上海發生的一起盜版糾紛為主要個案,說明黨國機構以及上海出版業的新領導,不再僅僅視盜版為一種侵害私人財產與利益的行為。由於中共在當時尚未頒布自己的著作權法規,上海書業同業公會仍延續著自晚清以來自己所建立的版權自律機制,處理上海同業間的盜版糾紛。在這起盜版案中,書業同業公會因應新政權帶來的新價值觀,認為盜版的主要成因是不肖編輯與出版商因誤將賺錢當作出版業的宗旨,所以根本解決盜版的唯一方法,就是糾正他們這種唯利是圖的心態,並趁機重整將他們培養成如此自利之徒的上海書業。對他們來說,盜版之罪,並不在侵犯他人版權,而在於盜版者只顧自己的經濟利益,背叛了社會大眾。 |